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Posted on 08/31/2026 8:32:42 AM PDT by zeestephen
Judge Jeannette Vargas [U.S. District Court - Southern District of New York] concluded...that the policy was contrary to law because it violated the INA's prohibition against restricting immigration benefits from aliens "based solely on their nationality." Moreover, Judge Vargas held that the policy unlawfully overrode consular officer discretion and decision-making authority that must dictate whether an immigrant visa is granted or denied.
(Excerpt) Read more at cis.org ...
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I agree. Restrict it for all aliens.
The Spaniard is claiming that civil rights extends to foreign countries, that the US has no right to bar immigration based on nationality.
That’s absurd. The Constitution has to do with the rights of citizens. Immigration from other nations has been barred for our entire history and continues to be - invasion is not a civil right.
As for the “power of the agency” there is no agency head who can override Presidential power in defining his own employees power - they all report to the President.
This reporting doesn’t seem to have the full story.
what this rogue judge is doing is (mis) applying the APA, because she recognizes that the INA stripped the article III courts of any authority to review immigration matters.
That’s the trick they all use, and it doesn’t seem to matter how many times these activist District courts get overturned, they keep doing it.
But, she does have a long discussion of the INA, and makes this astonishing finding: that she, a mere district judge, can usurp the power of the Executive branch, and direct a subordinate executive bureaucrat to use the executive power for a particular purpose, against the will of the elected President, in whom ALL executive power is vested.
Really, she’s claiming the right to over-rule the political will of the American people, who chose this President at least in part due to his explicit promise to fix our broken immigration system. She doesn’t like the way we voted, so she somehow gets to dictate the actions of the executive branch.
These judges need to be removed from office.
Judge Vargas needs a long term vacation in Liberia.
She is illiterate. Also since when do consular officers make policy? Are they not under the authority of the executive branch?
That is very clever, HYPOCRACY.
I completely missed that option.
The Constitution does protect rights of non-citizens who are here as well (with some restrictions). But this ruling has nothing to do with any Constitutional rights.
She is wrong because (if memory serves) there is a law already on the books (even if it has been ignored for ages) about potential immigrants (this is for legal applicants) not being a financial burden to the state. She is also wrong because it is not being applied based on nationality. Even if it does effect certain nationalities more than other. Then there is the matter of just how independent consular officers are in using their discretion. They are under the authority of the executive branch and that discretion must still follow policy set by the administration.
THanks for going into more detail over her errorS. I have noticed other rulings being based on misapplying the APA.
Ignore and implement.
I was trying to keep the post simple, absalom01.
If you bury Free Republic readers in legal argument, they walk away after a couple sentences.
THe judge seems to forget that the consular officer works for the president. The president has the power to direct how the consular officer exercises that decision-making authority.
This gal sounds about as sharp as the Hispanic on the supreme court and looks like she is at risk for diabetes.
Yep, leftists still trying to destroy America.
It simply doesn’t matter if it is applied on the basis of nationality.
The 14th amendment doesn’t apply to “potential immigrants”. There is no compartment of the even the 1965 Immigration act that mandates nationality-blind admission to the United States. She’s attempting to equate foreign nationals in other countries to US citizens, as if they have a “right” to come here.
They actually believe this trash. Look at the “caravans” from South America marching to the border over the Biden years: they carry their national flags and shake their fists declaring that “you cannot stop us”. They believe they are entitled to occupy the US. The current Indian Foreign Minister was complaining just two days ago that Indians in India were “stranded” by the halting of H1B visa processing!
It’s all the same thing. In their warped brains, they think this is open ground, nothing more then a parking lot, anyone can walk in, take over, do whatever they want. The “judge” - an affirmative action admit of the Woke Ivy schools - subscribes to this absurdity because she’s one of them.
another leftist judge that will have to be put in their place by the supreme court
Assumed office November 6, 2024
Appointed by Joe Biden
No immigrant should come here without a job already lined up. I am tired of paying for freeloaders.
What a corrupt and stupid judge. The 75 were not based on nationality but on fraud in the system from those 75. And the idea that it takes away from “consular officer discretion and decision-making authority” — they work for the President. Just when you think the leftist judges can’t rule any more stupider, along comes one who does.
The Left is clawing and fighting from the Deep State, to the courts, and to the streets.
Illegal Immigration and Immigration of useless people with no marketable skills (short or fleecing whatever government they are under at any time) is all they have to hold power.
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